Is Using Fake Testimonials Illegal?

It might or might not be illegal but it's definitely unethical to use fake testimonials.

Not a lawyer and we are dealing with world wide law anyways... As for ethics, that depends upon what your ethics are...

Should you use fake testimonials ?? Not in my opinion... If you want to be seen as someone fake then go right ahead but many many people can see through fake testimonials... It boils down to credibility...

James

There are no laws as such against fake testimonials but there are laws against gaining a monetary advantage by deception.

"Fake" testimonials - Dev Shed

This is what I know. Hope it helps.

Clint S.

I think it's OK as long as they put a really hard to read disclaimer in a greyed out font in a 6 point font size way at the bottom of the page after at least a screenfull of empty space that says, "All the stuff on this page is completely made up and is basically a bunch of nonsense".

Disclaimer for this post:































I am not an attorney and this is not an official legal opinion.

Forget what other people are doing - YOU know it's wrong, so the decision about what you do is yours.

The FTC and the ad networks/publishers are cracking down on them. You could probably also lose your Adwords acct depending on what you are promoting as Google is also cleaning house.

It's not illegal and sadly most businesses write their own testimonials and product reviews. However, it is illegal to give a false testimony against a product that is untrue as the company could sue you for damages.

There's a huge difference between having a celebrity spokesperson
and a Google image pasted into a johnson box with a made-up name
and completely fabricated story designed solely to deceive the consumer.

In large part, the bottom line comes down to how the advertisement
is perceived by the average, reasonable consumer as defined by the FTC.

However, the "net impression of a reasonable consumer" is dangerously vague.

What you say, how you say it, where you say, when you say it,
all of these are subject to interpretation. They are viewed through
the lens of the advertiser's overall pattern of conduct as judged by
the government.

If you have a pattern of complaints from consumers... and your
testimonials are fake... and you fail to make proper disclosures
where mandated... all of that colors the "net impression of a
reasonable consumer" and is weighed against you.

If you have an spokesmodel or actor singing the praises of your offer
without proper disclosure, but have an otherwise compliant advertisement...
that's going to change the equation, significantly in some ways.

IMO, the documentation now required for compliant use of virtually
any testimonial is onerous and many of us can only watch and wait
to see the first application of the FTC's new "teeth".

From my perspective, the new testimonial guidelines are not
particularly intended to bring more cases, but to grind those
brought into a finer powder.

Simple answer... treat fake testimonials as illegal and treat real
testimonials as assets that require complete documentation.

Best,

Brian

fake 1 (fk)
adj.
Having a false or misleading appearance; fraudulent.
n.
1. One that is not authentic or genuine; a sham.
2. Sports A brief feint or aborted change of direction intended to mislead one's opponent or the opposing team.
v. faked, fak·ing, fakes
v.tr.
1. To contrive and present as genuine; counterfeit.
2. To simulate; feign.
3. Music To improvise (a passage).
4. Sports To deceive (an opponent) with a fake. Often used with out.

I don't know if this is helpful to anyone, but I try to make sure my material follows these guidelines.

I am pretty sure it is in the process of being revised, but it is a good place to start...

FTC GUIDES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING

Why not do what everyone else does and give away free trial/samples in exchange for a review. I have reviewed a huge amount of products now and I do it because

A:I get free stuff
B:I get a link back to my site

If you want a review post a topic like "Free samples/trial for warriors for review"
It works!!

Anything that is BAD han no two names other than
it is BAD! Using FAKE testimony may bring in money
for you in the short run BUT the long run effect ia such
that you will be forcred out of the market.

So in my opinion AVOID it at all cost.

Come on man, everyone fakes testimonials or get their friends to write them.

Just not many will admit it.

Not illegal but not ethical IMHO.

Go to the FTC website and read some of their documents.

I'm NOT an attorney, but it's my best guess that a fake testimonial is almost always illegal. If you make untrue statements to induce someone to buy, that's called fraud. (And for what other reason would you make a fake statement?) However, there is a difference between "puffery" (sales talk) and fraud.

And even if it isn't illegal yet, there are very strict new rules pending. Even blogging and celebrity endorsements are under fire.

If you use fake endorsements or testimonials you risk attracting the attention of the FTC, FDA or SEC. And that's something you don't want to do. Just ask Frank Kern -- he experienced the wrath of the FTC firsthand.

The safest route to take is to err on the side of caution.

Johnny

Well....yeah...and depending on what is stated in the testimonial when it is proven to be false, you can be held civilly (and possibly criminally) liable.

Let me give you a scenario.

Maria claims to teach Tania and Oliver how to make money using "social media", in turn (to garner Maria's testimonial) both Oliver and Tania give testimonials of an exact monetary outcome based on the training. Oliver claims to be making 5 to 10K per day on twitter, and Tania claims to be making 5 digit months back to back since the training and making 24K in 5 days.

Donna who also took the course, didn't find any benefit from the course (to the contrary, she feels the course and testimonials were false). So Donna takes the training modules and video testimonial as proof of deceptive advertising practices, and files a statement of claim for both actual and exemplary damages.

Donna provides audio proof that Maria garnered "testimonials" using the premise that a testimonial would be seen by many on her list and claims it will give them an air of credibility. The fact that Maria states to fake it, and use streaming media sites in an attempt to hide unfavorable metrics which would make you not look like an expert, and the fact that the testimonials show a specific outcome and are used to garner credibility for Maria's course, they become admissible as evidence in the case against Maria.

While Maria can claim she had no knowledge that the results in the testimonials were false, there is a preponderance (remember civil liability) of evidence that shows Maria acted in a complicit manner in a clear attempt to deceive (furthering her "credibility), based on her own teachings, it is easily arguable that she knowingly published falsified claims.

Maria loses the civil aspect. Now in walks the FTC, who goes to Oliver and Tania, and a few others who Maria Garnered specific monetary testimonials from, and demands proof of advertised testimonials (guess who is going down...and who is going to save their ass). Maria believes an "earnings disclaimer" is going to save her ass, but everything that comes out of her own mouth, and is fully documented BS by both Audio and Video will take her down.

Advertising and Marketing on the Internet: Rules of the Road



here is two things people should be aware of

Testimonials and Endorsements

Testimonials and endorsements must reflect the typical experiences of consumers, unless the ad clearly and conspicuously states otherwise. A statement that not all consumers will get the same results is not enough to qualify a claim. Testimonials and endorsements can't be used to make a claim that the advertiser itself cannot substantiate.

Connections between an endorser and the company that are unclear or unexpected to a customer also must be disclosed, whether they have to do with a financial arrangement for a favorable endorsement, a position with the company, or stock ownership. Expert endorsements must be based on appropriate tests or evaluations performed by people that have mastered the subject matter.
See FTC Guides Concerning Use of Endorsements and Testimonials in Advertising.


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The FTC Act prohibits unfair or deceptive advertising in any medium. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that's not true.

When it comes to internet marketing I usually believe
the testomonial of a well known marketer I have heard of.
They would be putting their reputation in jeopardy.
I wonder what would happen if there was a kind of feedback site or script like on ebay.
Never mind, that might work with fellow marketers but not
the general public.

I was surprised at some auctions of Flippa that are for websites selling products like an ebook, and they are brand new and yet have testimonials all setup in them.

What's up with that?

Matt

I think it's about 'sleep-easy-money'. That's where the money you make doesn't cause you to loose sleep about being 'found-out'

regards,
James Pateman

for what it's worth...Our legal team's advice for testimonials on our sales page is that...not only do they have to be real (of course), but we have to have some kind of documentation...that we check...of any revenue claims.

That would include affiliate accounts, tax returns, 1099's etc.

I don't agree with using them, but I notice a couple of marketing 'gurus' encouraging it, which gives noobs the impression that it's ok.

You can look at this in 3 ways:

1. Is it legal? ... No

The FTC Act's prohibition on "unfair or deceptive acts or practices" broadly covers advertising claims, marketing and promotional activities, and sales practices in general.

2. If you think you're going to sell your product or service using posting fake testimonials and this is your marketing strategy ... You need to find a new line of work

3. And here's the ethical question. How would you feel if the shoe's on the other foot? Would you like to get scammed by someone who set you up with fake testimonials?

It's all about online reputation, building credibility and a long term business.

It may or may not be illegal but its wrong to mislead people who are trusting that you are real and up front about what you know or say you know, especially if money is involved.

I personally do not think its right to use fake testimonials ! theres too many crappy products being sold, then dont actually help the end-user, and are sometimes sucked into biting because of fake feedback ! It's happend to me so many times !

TOTALLY Unethical, plus how do you build credibility with a lie.

Whenever I see testimonials with initials such as Bob L. or Sue K. ... what kind of testimonial is that if they are unwilling to even leave their name.

Fake Testimonials ... Bad Idea!

you better believe that junk is illegal! And to tell you the truth, I am a bit afraid to promote almost any **** product out there right now because I do not want to associate myself with the garbage going on with that niche. Extremely scary! Just focus on doing things right and the money will eventually come. Don't try and get quick cash today by involving yourself in unethical and illegal practices.

Daniel Pereira

Faking is an easy way to solve a problem. But it has its own bad side in the end so its up to your conscience really.

It's something that's being stamped on by the FTC. And ask yourself... is it something you'd condone anyway? Something you could live with on your conscience? Is making money online more important than the health of people?

It ALWAYS has been in the US, and the FTC recently made that VERY clear, and demanded better disclaimers.

Steve

I think it is illegal

Totally illegal. And why would you bother putting fake testimonial? That's cheating...

I have to tell you guys. I used to be a LITTLE too naive with some things. I actually bought some things based on people I KNEW to exist that I heard before, etc.... I did that EVEN though I have even heard FRIENDS praise something more than I thought it deserved.

I for one no longer recognize such things. I AM appalled at how many here say giving false testimonials is the way things should be, and have to be, done, and encourage it.

I hope all that do that get what is due them for it.

Steve

It is not only unethical to use fake testimonials but it is also bad business practice. Building a good ,solid and profitable business is is based on trust. Your customers need to trust you and your product. You cannot have fake testimonials just to make a quick buck. A business needs repeat customers to grow and this can only happen if they are satisfied enough to come back for more and also recommend your product to others. They should be the ones to give you real testimonials. Word of mouth is very powerful.

Let me answer your original question with a question.

Does anyone really believe what is written in most testimonials?
Recent studies indicate that "testimonial blindness" is fast catching up with "banner blindness" as marketing techniques that don't work as well as they once did.
Don't take it from me; GOOGLE those terms and read the results for yourself.

I read product reviews, but I never read testimonials, especially those that do not have a signature, or contact information.
I will sometimes watch video testimonials which prove that I am Joe Average when compared to the recent studies.
I would be embarrassed to tell you how many times I have been asked to write testimonials for marketers. No, I don't do that.

Have you ever noticed how articulate most testimonial writers seem to be?
Have you ever noticed how they all have the same "tone"? Wouldn't you expect to see some variation in composition?
If I saw a testimonial that said, "Yestiday I wasn't no riter, but today I are one," I would tend to believe it was authentic - maybe not valuable, but authentic.

How many times have you seen this testimonial? "I just bought this wonderful product and I know that it is going to make me $5317.43 by tomorrow!" Roughly interpreted, that testimonial says, "I haven't tried it yet".

The flip side of that testimonial is the one that says, "This product has earned me $5317.43 in the past 24 hours. I love this marketer and intend to name my first born child after him." Now that is a real testimonial and is absolutely true. Of course it was written by the marketer's pregnant wife, but at least it is true.

I apologize for the rant. I guess my response to the question of using fake testimonials is - don't do it. Your time would be better spent split testing your ads, or tweaking your sales page. Unless you are just doing hit and run marketing your lies will catch up with you.

I hate it when people do this. There product isn't good enough for actual people to put in a good word, so they have to make it up. People suck sometimes.